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ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
behavioral health treatment facilities; notification
Purpose
Requires a behavioral health residential facility (BHRF), upon admission of a patient, to promptly notify the patient's family and prohibits a person from being transported to a BHRF by representatives of the facility unless the person is sober or is referred by an approved provider of a tribal health care program.
Background
Residential
care institutions are health care institutions that provide resident beds
or residential units, supervisory care services, personal care services,
directed care services or
health-related services for persons who do not need inpatient nursing care (A.R.S.
§ 36-401). The Department of Health Services (DHS) Bureau of Residential
Facilities Licensing licenses and regulates residential care institutions,
including assisted living centers and assisted living homes (assisted living
facilities), secure and non-secure BHRFs, behavioral health respite homes,
adult foster care homes, adult day health care facilities, adult behavioral
therapeutic homes and adult residential care institutions (DHS).
A BHRF is a health care institution that provides treatment to an individual experiencing a behavioral health issue that limits the individual's ability to be independent or causes the individual to require treatment to maintain or enhance independence (A.A.C. § R9-10-101).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires BHRFs, when a patient is admitted for initial evaluation, to notify the patient's family or next of kin as promptly as possible and to document the notification in the patient's medical record.
2. Prohibits a person from being transported to a BHRF by representatives of the facility unless the person is sober or is referred by an approved provider of a tribal health care program.
3. Subjects a BHRF that fails to comply with patient notification and transportation requirements to an assessment equaling, at a minimum:
a) $750 for a first violation;
b) $1,000 for a second violation; and
c) a 30-day license suspension for a third violation.
4. Specifies that each day that a violation occurs constitutes a separate violation.
5. Allows the DHS Director to issue a notice of and proposed amount of an assessment to a BHRF in violation.
6. Allows a BHRF to appeal an assessment or any action taken against the facility by requesting an administrative hearing.
7. Prohibits the DHS Director, if an assessment or action against a BHRF is appealed, from taking further action until after the hearing.
8. Becomes effective on the general effective date.
Prepared by Senate Research
February 10, 2023
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